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Home My WebLink About75C - RESO - PH - WEED ABATEMENTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 1, 2014 TITLE: PUBLIC HEARING - WEED ABATEMENT PUBLIC NUISANCE REPORT FISCAL YEAR 2013 -2014 CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 220 r, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution affirming the Fiscal Year 2013 -2014 Weed Abatement Program Report and authorizing the transmittal of uncollected weed abatement charges and postings to the Office of Auditor - Controller, County of Orange for collection. DISCUSSION The Public Works Agency operates a year -round program to maintain private properties free of weeds and rubbish. In accordance with Municipal Code Section 16 -55, when unsightly or unsafe conditions are identified, City sanitation inspectors provide a courtesy notice to property owners with a seven -day Notice to Clean Premises. If the property is not cleaned by the seventh day, a Notice of Abatement is posted and mailed indicating that the City will perform the abatement work through its own contractor after a 10 -day period. If a property is posted a second time within 12 months for the same violation, the City also assesses a posting charge. If the City performs the clean -up, property owners are notified of the charges and are provided an opportunity to submit payment to the City, averting a property assessment via the Orange County Auditor- Controller (County). Property owners have a minimum of 30 days and up to the time that the City sends the collection order to the County to make their payment. This year, there is $24,113 in outstanding charges for parcels cleaned by the City contractor and posted by City crews (Exhibit 1). Filing a property assessment through the County is the most effective method of collection. The charges are placed on the corresponding property tax rolls and paid through regular property tax assessments. The total amount is subject to change due to payments received subsequent to the Council approval date. If a property is in default, the charges are collected when the property changes ownership. There is no charge to the City for this service. The next County deadline for inclusion is August 10, 2014. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 75C -1 Weed Abatement Public July 1, 2014 Page 2 of 2 FISCAL IMPACT Nuisance Report 2013 -14 After affirmation by the Council, the charges will be submitted directly to the County for collection All revenues collected will be deposited into the Sanitation Fund (Account 6817002- 53710). APPROVED AS TO FUNDS AND ACCOUNTS: Edwin "William" Gal ez, P.E. Francisco Gutierrez Interim Executive Director Executive Director Public Works Agency Finance & Management Services Agency EWG /PG Exhibit 1: Resolution 75C -2 ROH 07/01/14 RESOLUTION NO. 2014 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF WEED, RUBBISH AND GARBAGE ABATEMENT; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING A COPY THEREOF TO BE FILED WITH THE COUNTY AUDITOR, ASSESSOR AND TAX COLLECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. Pursuant to Section 16 -55 of the Santa Ana Municipal Code, the Executive Director of the Public Works Agency has submitted an itemized report, the Weed Abatement Program Report, a copy of which is on file with the Clerk of the Council and which is attached hereto as Exhibit 1 and is incorporated by this reference as though fully set forth herein, which sets forth the costs of the weed, rubbish and garbage abatement actions carried out by the City of Santa Ana in front of or upon each individual lot or parcel of land where such work was done. B. The Executive Director of the Public Works Agency has given notice as required by law, that the 1St day of July, 2014, at the hour of 6:00 p.m. is fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all persons interested in said report might be heard. C. The City Council of the City of Santa Ana, at said time and place received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Exhibit 1 is hereby made and confirmed as an assessment against such lots or parcels respectively. Said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. The Public Works Agency is hereby directed to file a certified copy of said report and this Resolution with the County Auditor, County Assessor, and County Tax Collector on or before August 10, 2014. 75C -3 Section 4. The County Auditor is requested to enter the assessments on the county tax rolls. Section 5. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 6. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and /or fees which are to be placed on the fiscal year 2013 -2014 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney IS Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2014. Miguel A. Pulido Mayor 75C -4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2014. Date: Clerk of the Council City of Santa Ana 75C -5 EXHIBIT 1 CITY OF SANTA ANA FISCAL YEAR 2013 -2014 WEED ABATEMENT PROGRAM REPORT Jurisdiction: Santa Ana Type of Tax: M AC62LO5A - FORM B2 Special Assessment Add Date: Transactions August 10, 2014 s{x� +{j 1114'0 N i Y k t k R�L�,.,x yE.�;ASSESIIIENT,�, 615 :ai AMOUNT £ tIRCIUMEI� 111 Z 6 Mr 001 - 032 -13 629 396. 433 -09 475 001 - 055 -03 61 398 - 150 -02 1057 001 - 275 -07 475 398 - 152 -16 2687 002 - 261 -06 61 398 - 193 -10 487 003 - 120 -44 61 398471 -07 1572 003 - 211 -13 1094 398 - 481 -12 801 007- 052 -29 479 405 - 272 -16 61 007 - 121 -05 798 408 - 223 -10 61 008 - 144 -02 638 408 - 395 -04 61 008 - 212 -34 784 408416 -10 1 61 010 - 170 -01 61 410 - 381 -06 525 011- 131 -06 1046 412 - 276.05 61 011- 132 -05 2154 414 - 071 -08 61 013 - 101 -04 655 014- 094 -22 61 014- 242 -33 499 014- 243 -19 61 015 - 221 -21 518 101 - 121 -23 953 108 - 131 -26 1118 108- 591 -68 1870 109 - 742 -06 61 109 -821 -07 61 144 - 341 -07 61 188 -082 -12 61 188- 101 -18 210 198 - 081 -22 61 198 - 161 -25 61 198 - 181 -44 61 198 - 281 -25 842 198- 281 -26 588 75C -6